REFORMULATED GAS

The Journal Sentinel staff

Madison Gov. Tommy G. Thompson on Friday urged Attorney General James E. Doyle to sue the federal government in an effort to rid southeastern Wisconsin of the reformulated gasoline mandate.

Also Friday, the Assembly approved, 96-2, a resolution authorizing Doyle to look into whether the state has a good case to sue the U.S. Environmental Protection Agency and to consider intervening in other such suits filed by other states.

"This should be something we consider because people in our area want to get this gas out of here," said Rep. Marc Duff (R- New Berlin).

"I think the attorney general should sue the EPA," Thompson said in an interview.

More study is needed before state Justice Department lawyers will know whether a lawsuit against EPA is appropriate, a spokesman for Doyle said.

"We will await the results of the health studies to see if there is anything there that might be useful," said James M. Haney.

Studies on the alleged ill effects of some additives in reformulated gas are being done by Leg 1 ends here the state Department of Health and Social Services and by the federal Centers for Disease Control and Prevention.

Told of Thompson's statement urging Doyle to sue, Haney said, "If he has the data and the legal theory, we're right next door."

The EPA in February rejected Thompson's request to lift the reformulated gas mandate.

Thousands of people called state and federal officials to complain that the gas was causing health problems ranging from headaches and dizziness to skin rashes.

Since Jan. 1, the new gas has been required to be sold in Milwaukee, Waukesha, Kenosha, Racine, Ozaukee and Washington counties under provisions of the federal Clean Air Act.

Those six counties do not meet federal ozone standards.

After the health problems were reported by motorists, Thompson asked the EPA to suspend until April 1, when the summer pollution season begins in southeastern Wisconsin the requirement that gas with the additives methyl tertiary butyl ether, MTBE, and ethyl tertiary Leg 2 ends here butyl, ETBE, be sold in the region.

Thompson was angered by the EPA rejection. On Friday, he said big oil companies had caused EPA Administrator Carol Browner to change her mind about the request.

He said he intended to do what he could to keep the pressure on Congress to repeal the Clean Air Act.

Thompson also said be believed the Department of Natural Resources has begun the process of seeking a federal redesignation of southeastern Wisconsin pollution from "non-attainment" to "serious" so that the mandate to use reformulated gas would not apply.

Haney said Justice Department lawyers felt the best approach to challenging the reformulated gas mandate is to try to get the Clean Air Act designation for southeastern Wisconsin changed so that the mandate would not apply.

"Our attorneys think that is the first step that should be explored," Haney said, adding that Justice Department staff members already were working with DNR staff on the redesignation Leg 3 ends here process. Clean Air Act

In a related matter, the Assembly approved, 85-13, a bill that would make changes in state rules designed to comply with a Clean Air Act mandate that employers reduce the work- related miles driven by their employees. The federal provision often is called the "employee commute options program."

Under the bill, employers would not be subject to penalties for failing to increase the number of employees per vehicle if the employer had made "reasonable efforts" to do so.

The bill, which now goes to the Senate, also would authorize employers to implement, with approval, alternative ways to reduce air emission of pollutants.

The Assembly also approved, 51-47, a bill to prohibit state workers from lobbying lawmakers about their pay or other state financial matters during the workday.

Rep. Spencer Black (D-Madison) called the measure a "gag rule" designed to "stifle dissent."

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